ABSTRACT

A contract may be discharged in a number of ways, namely discharge by performance, by repudiatory breach, by agreement and finally by frustration. Emphasis has been placed on the consensual nature of contract law, and it follows that what was made by agreement can be ended by agreement. The contract itself may contain provision for its discharge by either the passage of fixed period of time or occurrence of a particular event. Performance is normal way in which contracts are discharged; by parties performing their contractual obligations. Normally, discharge requires complete and exact performance of the obligations in the contract. Some breaches permit the innocent party to treat the contract as discharged. In this situation, they can refuse either to perform their part of the contract or to accept further performance from the party in breach.